67928 Federal Register / Vol. 71, No.
226 / Friday, November 24, 2006 / Notices
the FBI for the purpose of assuring
correct and complete information.
Written confirmation by the individual
of receipt of this notification must be
maintained by the Licensee for a period
of one (1) year from the date of the
notification.
If, after reviewing the record, an
individual believes that it is incorrect or
incomplete in any respect and wishes to
change, correct, or update the alleged
deficiency, or to explain any matter in
the record, the individual may initiate
challenge procedures. These procedures
include either direct application by the
individual challenging the record to the
agency (i.e., law enforcement agency)
that contributed the questioned
information, or direct challenge as to the
accuracy or completeness of any entry
on the criminal history record to the
Assistant Director, Federal Bureau of
Investigation Identification Division,
Washington, DC 20537–9700 (as set
forth in 28 CFR 16.30 through 16.34). In
the latter case, the FBI forwards the
challenge to the agency that submitted
the data and requests that agency to
verify or correct the challenged entry.
Upon receipt of an official
communication directly from the agency
that contributed the original
information, the FBI Identification
Division makes any changes necessary
in accordance with the information
supplied by that agency. The Licensee
must provide at least ten (10) days for
an individual to initiate an action
challenging the results of an FBI
criminal history records check after the
record is made available for his/her
review. The Licensee may make a final
SGI access determination based upon
the criminal history record only upon
receipt of the FBI’s ultimate
confirmation or correction of the record.
Upon a final adverse determination on
access to SGI, the Licensee shall provide
the individual its documented basis for
denial. Access to SGI shall not be
granted to an individual during the
review process.
Protection of Information
1. Each Licensee who obtains a
criminal history record on an individual
pursuant to this Order shall establish
and maintain a system of files and
procedures for protecting the record and
the personal information from
unauthorized disclosure.
2. The Licensee may not disclose the
record or personal information collected
cprice-sewell on PROD1PC66 with NOTICES
and maintained to persons other than
the subject individual, his/her
representative, or to those who have a
need to access the information in
performing assigned duties in the
process of determining access to
VerDate Aug<31>2005 13:24 Nov 22, 2006 Jkt 211001
Safeguards Information. No individual
authorized to have access to the
information may re-disseminate the
information to any other individual who
does not have a need-to-know.
3. The personal information obtained
on an individual from a criminal history
record check may be transferred to
another Licensee if the Licensee holding
the criminal history record check
receives the individual’s written request
to re-disseminate the information
contained in his/her file, and the
gaining Licensee verifies information
such as the individual’s name, date of
birth, social security number, sex, and
other applicable physical characteristics
for identification purposes.
4. The Licensee shall make criminal
history records, obtained under this
section, available for examination by an
authorized representative of the NRC to
determine compliance with the
regulations and laws.
5. The Licensee shall retain all
fingerprint and criminal history records
received from the FBI, or a copy if the
individual’s file has been transferred,
for three (3) years after termination of
employment or determination of access
to SGI (whether access was approved or
denied). After the required three (3) year
period, these documents shall be
destroyed by a method that will prevent
reconstruction of the information in
whole or in part.
[FR Doc. E6–19846 Filed 11–22–06; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[EA–06–243]
In the Matter of Dairyland Power
Cooperative and All Other Persons
Who Obtain Safeguards Information
Described Herein; Order Imposing
Requirements for the Protection of
Certain Safeguards Information
(Effective Immediately)
I considered to be trustworthy and
The Licensee, Dairyland Power
Cooperative, holds a license issued in
accordance with the Atomic Energy Act
of 1954, by the U.S. Nuclear Regulatory
Commission (NRC or Commission),
authorizing it to possess and transfer
items containing radioactive material
quantities of concern. The NRC intends
to issue security Orders to this licensee
in the near future. The Orders will
require compliance with specific
Additional Security Measures to
enhance the security for transport of
certain radioactive material quantities of
concern. The Commission has
PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\24NON1.SGM
determined that these documents will
contain Safeguards Information, will not
be released to the public, and must be
protected from unauthorized disclosure.
Therefore, the Commission is imposing
the requirements, as set forth in
Attachments 1 and 2 to this Order and
in Order EA–06–244, so that the affected
Licensee can receive these documents.
This Order also imposes requirements
for the protection of Safeguards
Information in the hands of any person,1
whether or not a licensee of the
Commission, who produces, receives, or
acquires Safeguards Information.
II
The Commission has broad statutory
authority to protect and prohibit the
unauthorized disclosure of Safeguards
Information. Section 147 of the Atomic
Energy Act of 1954, as amended, grants
the Commission explicit authority to
‘‘* * *issue such orders, as necessary to
prohibit the unauthorized disclosure of
safeguards information * * *’’ This
authority extends to information
concerning transfer of special nuclear
material, source material, and byproduct
material. The licensee and all persons
who produce, receive, or acquire
Safeguards Information must ensure
proper handling and protection of
Safeguards Information to avoid
unauthorized disclosure in accordance
with the specific requirements for the
protection of Safeguards Information
contained in Attachments 1 and 2 to
this Order.
The Commission hereby provides
notice that it intends to treat violations
of the requirements contained in
Attachments 1 and 2 to this Order
applicable to the handling and
unauthorized disclosure of Safeguards
Information as serious breaches of
adequate protection of the public health
and safety and the common defense and
security of the United States. Access to
Safeguards Information is limited to
those persons who have established a
need-to-know the information, are
reliable, and meet the requirements of
Order EA–06–244. A need-to-know
means a determination by a person
1 Person means (1) any individual, corporation,
partnership, firm, association, trust, estate, public
or private institution, group, government agency
other than the Commission or the Department,
except that the Department shall be considered a
person with respect to those facilities of the
Department specified in section 202 of the Energy
Reorganization Act of 1974 (88 Stat. 1244), any
State or any political subdivision of, or any political
entity within a State, any foreign government or
nation or any political subdivision of any such
government or nation, or other entity; and (2) any
legal successor, representative, agent, or agency of
the foregoing.
24NON1
 Federal Register / Vol. 71, No. 226 / Friday, November 24, 2006 / Notices
having responsibility for protecting
Safeguards Information that a proposed
recipient’s access to Safeguards
Information is necessary in the
performance of official, contractual, or
licensee duties of employment. The
licensee and all other persons who
obtain Safeguards Information must
ensure that they develop, maintain and
implement strict policies and
procedures for the proper handling of
Safeguards Information to prevent
unauthorized disclosure, in accordance
with the requirements in Attachments 1
and 2 to this Order. The licensee must
ensure that all contractors whose
employees may have access to
Safeguards Information either adhere to
the licensee’s policies and procedures
on Safeguards Information or develop,
maintain and implement their own
acceptable policies and procedures. The
licensee remains responsible for the
conduct of their contractors. The
policies and procedures necessary to
ensure compliance with applicable
requirements contained in Attachments
1 and 2 to this Order must address, at
a minimum, the following: the general
performance requirement that each
person who produces, receives, or
acquires Safeguards Information shall
ensure that Safeguards Information is
protected against unauthorized
disclosure; protection of Safeguards
Information at fixed sites, in use and in
storage, and while in transit;
correspondence containing Safeguards
Information; access to Safeguards
Information; preparation, marking,
reproduction and destruction of
documents; external transmission of
documents; use of automatic data
processing systems; removal of the
Safeguards Information category; the
need-to-know the information; and
background checks to determine access
to the information.
In order to provide assurance that the
licensees are implementing prudent
measures to achieve a consistent level of
protection to prohibit the unauthorized
disclosure of Safeguards Information, all
licensees who hold licenses issued by
the U.S. Nuclear Regulatory
Commission or an Agreement State
authorizing them to possess and who
may transport items containing
radioactive material quantities of
concern shall implement the
requirements identified in Attachments
1 and 2 to this Order. The Commission
cprice-sewell on PROD1PC66 with NOTICES
recognizes that the licensee may have
already initiated many of the measures
set forth in Attachments 1 and 2 to this
Order for handling of Safeguards
Information in conjunction with current
NRC license requirements or previous
VerDate Aug<31>2005 13:24 Nov 22, 2006 Jkt 211001
NRC Orders. Additional measures set
forth in Attachments 1 and 2 to this
Order should be incorporated into the
licensee’s current program for
Safeguards Information. In addition,
pursuant to 10 CFR 2.202, I find that in
light of the common defense and
security matters identified above, which
warrant the issuance of this Order, the
public health, safety and interest require
that this Order be effective immediately.
III
Accordingly, pursuant to Sections
103, 147, 161b, 161i, 161o, 182, and 186
of the Atomic Energy Act of 1954, as
amended, and the Commission’s
regulations in 10 CFR 2.202 and 10 CFR
Part 50, it is hereby ordered, effective
immediately, that the licensee and all
other persons who produce, receive, or
acquire the additional security
measures identified above (whether
draft or final) or any related safeguards
information shall comply with the
requirements of attachments 1 and 2 to
this Order.
The Director, Office of Federal and
State Materials and Environmental
Management Programs, may, in writing,
relax or rescind any of the above
conditions upon demonstration of good
cause by the licensee.
IV
In accordance with 10 CFR 2.202, the
Licensee must, and any other person
adversely affected by this Order may,
submit an answer to this Order, and
may request a hearing on this Order,
within twenty (20) days of the date of
this Order. Where good cause is shown,
consideration will be given to extending
the time to request a hearing. A request
for extension of time in which to submit
an answer or request a hearing must be
made in writing to the Director, Office
of Federal and State Materials and
Environmental Management Programs,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555, and include a
statement of good cause for the
extension. The answer may consent to
this Order. Unless the answer consents
to this Order, the answer shall, in
writing and under oath or affirmation,
specifically set forth the matters of fact
and law on which the Licensee or other
person adversely affected relies and the
reasons as to why the Order should not
have been issued. Any answer or
request for a hearing shall be submitted
to the Secretary, Office of the Secretary
of the Commission, U.S. Nuclear
Regulatory Commission, Attn:
Rulemakings and Adjudications Staff,
Washington, DC 20555. Copies also
shall be sent to the Director, Office of
Federal and State Materials and
PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\24NON1.SGM
67929
Environmental Management Programs,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555, to the Assistant
General Counsel for Materials Litigation
and Enforcement at the same address,
and to the Licensee if the answer or
hearing request is by a person other than
the Licensee.
Because of possible delays in delivery
of mail to United States Government
offices, it is requested that answers and
requests for hearing be transmitted to
the Secretary of the Commission either
by means of facsimile transmission to
301–415–1101 or by e-mail to
hearingdocket@nrc.gov and also to the
Office of the General Counsel either by
means of facsimile transmission to 301–
415–3725 or by e-mail to
OGCMailCenter@nrc.gov. If a person
other than the Licensee requests a
hearing, that person shall set forth with
particularity the manner in which his
interest is adversely affected by this
Order and shall address the criteria set
forth in 10 CFR 2.309.
If a hearing is requested by the
Licensee or a person whose interest is
adversely affected, the Commission will
issue an Order designating the time and
place of any hearing. If a hearing is held,
the issue to be considered at such
hearing shall be whether this Order
should be sustained.
Pursuant to 10 CFR 2.202(c)(2)(i), the
Licensee may, in addition to demanding
a hearing, at the time the answer is filed
or sooner, move the presiding officer to
set aside the immediate effectiveness of
the Order on the ground that the Order,
including the need for immediate
effectiveness, is not based on adequate
evidence but on mere suspicion,
unfounded allegations, or error. In the
absence of any request for hearing, or
written approval of an extension of time
in which to request a hearing, the
provisions specified in Section III above
shall be final twenty (20) days from the
date of this Order without further order
or proceedings. If an extension of time
for requesting a hearing has been
approved, the provisions specified in
Section III shall be final when the
extension expires if a hearing request
has not been received.
An answer or a request for hearing
shall not stay the immediate
effectiveness of this Order.
Dated this 15th day of November 2006.
24NON1
 67930 Federal Register / Vol. 71, No. 226 / Friday, November 24, 2006 / Notices
For the Nuclear Regulatory Commission.
Charles L. Miller,
Director, Office of Federal and State
Materials, and Environmental Management
Programs.
Attachment 1: Modified Handling
Requirements for the Protection of
Certain Safeguards Information (SGI–
M)
Modified Handling Requirements for the
Protection of Certain Safeguards
Information (SGI–M)
General Requirement
Information and material that the U.S.
Nuclear Regulatory Commission (NRC)
determines are safeguards information
must be protected from unauthorized
disclosure. In order to distinguish
information needing modified
protection requirements from other
safeguards information that requires a
higher level of protection, the term
‘‘Safeguards Information-Modified
Handling’’ (SGI–M) is being used as the
distinguishing marking for this
information. Each person who produces,
receives, or acquires SGI–M shall ensure
that it is protected against unauthorized
disclosure. To meet this requirement,
licensees and persons shall establish
and maintain an information protection
system that includes the measures
specified below. Information protection
procedures employed by State and local
police forces are deemed to meet these
requirements.
Persons Subject to These Requirements
Any person, whether or not a licensee
of the NRC, who produces, receives, or
acquires SGI–M is subject to the
requirements (and sanctions) of this
document. Firms and their employees
that supply services or equipment to
materials licensees would fall under this
requirement if they possess facility SGI–
M. A licensee must inform contractors
and suppliers of the existence of these
requirements and the need for proper
protection. (See more under Conditions
for Access)
State or local police units who have
access to SGI–M are also subject to these
requirements. However, these
organizations are deemed to have
adequate information protection
systems. The conditions for transfer of
information to a third party, i.e., need-
to-know, would still apply to the police
cprice-sewell on PROD1PC66 with NOTICES
organization as would sanctions for
unlawful disclosure. Again, it would be
prudent for licensees who have
arrangements with local police to advise
them of the existence of these
requirements.
VerDate Aug<31>2005 13:24 Nov 22, 2006 Jkt 211001
Criminal and Civil Sanctions
The Atomic Energy Act of 1954, as
amended, explicitly provides that any
person, ‘‘whether or not a licensee of the
Commission, who violates any
regulations adopted under this section
shall be subject to the civil monetary
penalties of section 234 of this Act.’’
Furthermore, willful violation of any
regulation or order governing safeguards
information is a felony subject to
criminal penalties in the form of fines
or imprisonment, or both. See sections
147b. and 223 of the Act.
Conditions for Access
Access to SGI–M beyond the initial
recipients of the order will be governed
by the background check requirements
imposed by the order. Access to SGI–M
by licensee employees, agents, or
contractors must include both an
appropriate need-to-know
determination by the licensee, as well as
a determination concerning the
trustworthiness of individuals having
access to the information. Employees of
an organization affiliated with the
licensee’s company, e.g., a parent
company, may be considered as
employees of the licensee for access
purposes.
Need-to-Know
Need-to-know is defined as a
determination by a person having
responsibility for protecting SGI–M that
a proposed recipient’s access to SGI–M
is necessary in the performance of
official, contractual, or licensee duties
of employment. The recipient should be
made aware that the information is SGI–
M and those having access to it are
subject to these requirements as well as
criminal and civil sanctions for
mishandling the information.
Occupational Groups
Dissemination of SGI–M is limited to
individuals who have an established
need-to-know and who are members of
certain occupational groups. These
occupational groups are:
A. An employee, agent, or contractor
of an applicant, a licensee, the
Commission, or the United States
Government;
B. A member of a duly authorized
committee of the Congress;
C. The Governor of a State or his
designated representative;
D. A representative of the
International Atomic Energy Agency
(IAEA) engaged in activities associated
with the U.S./IAEA Safeguards
Agreement who has been certified by
the NRC;
E. A member of a state or local law
enforcement authority that is
PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\24NON1.SGM
responsible for responding to requests
for assistance during safeguards
emergencies; or
F. A person to whom disclosure is
ordered pursuant to Section 2.709(f) of
Part 2 of Title 10 of the Code of Federal
Regulations.
G. State Radiation Control Program
Directors (and State Homeland Security
Directors) or their designees.
In a generic sense, the individuals
described above in (A) through (G) are
considered to be trustworthy by virtue
of their employment status. For non-
governmental individuals in group (A)
above, a determination of reliability and
trustworthiness is required. Discretion
must be exercised in granting access to
these individuals. If there is any
indication that the recipient would be
unwilling or unable to provide proper
protection for the SGI–M, they are not
authorized to receive SGI–M.
Information Considered for Safeguards
Information Designation
Information deemed SGI–M is
information the disclosure of which
could reasonably be expected to have a
significant adverse effect on the health
and safety of the public or the common
defense and security by significantly
increasing the likelihood of theft,
diversion, or sabotage of materials or
facilities subject to NRC jurisdiction.
SGI–M identifies safeguards
information which is subject to these
requirements. These requirements are
necessary in order to protect quantities
of nuclear material significant to the
health and safety of the public or
common defense and security.
The overall measure for consideration
of SGI–M is the usefulness of the
information (security or otherwise) to an
adversary in planning or attempting a
malevolent act. The specificity of the
information increases the likelihood
that it will be useful to an adversary.
Protection While in Use
While in use, SGI–M shall be under
the control of an authorized individual.
This requirement is satisfied if the SGI–
M is attended by an authorized
individual even though the information
is in fact not constantly being used.
SGI–M, therefore, within alarm stations,
continuously manned guard posts or
ready rooms need not be locked in file
drawers or storage containers.
Under certain conditions the general
control exercised over security zones or
areas would be considered to meet this
requirement. The primary consideration
is limiting access to those who have a
need-to-know. Some examples would
be:
24NON1
 Federal Register / Vol. 71, No. 226 / Friday, November 24, 2006 / Notices
Alarm stations, guard posts and guard
ready rooms;
Engineering or drafting areas if
visitors are escorted and information is
not clearly visible;
Plant maintenance areas if access is
restricted and information is not clearly
visible; or
Administrative offices (e.g., central
records or purchasing) if visitors are
escorted and information is not clearly
visible.
Protection While in Storage
While unattended, SGI–M shall be
stored in a locked file drawer or
container. Knowledge of lock
combinations or access to keys
protecting SGI–M shall be limited to a
minimum number of personnel for
operating purposes who have a ‘‘need-
to-know’’ and are otherwise authorized
access to SGI–M in accordance with
these requirements. Access to lock
combinations or keys shall be strictly
controlled so as to prevent disclosure to
an unauthorized individual.
Transportation of Documents and Other
Matter
Documents containing SGI–M when
transmitted outside an authorized place
of use or storage shall be enclosed in
two sealed envelopes or wrappers. The
inner envelope or wrapper shall contain
the name and address of the intended
recipient, and be marked both sides, top
and bottom with the words ‘‘Safeguards
Information—Modified Handling.’’ The
outer envelope or wrapper must be
addressed to the intended recipient,
must contain the address of the sender,
and must not bear any markings or
indication that the document contains
SGI–M.
SGI–M may be transported by any
commercial delivery company that
provides nation-wide overnight service
with computer tracking features, U.S.
first class, registered, express, or
certified mail, or by any individual
authorized access pursuant to these
requirements.
Within a facility, SGI–M may be
transmitted using a single opaque
envelope. It may also be transmitted
within a facility without single or
double wrapping, provided adequate
measures are taken to protect the
material against unauthorized
disclosure. Individuals transporting
cprice-sewell on PROD1PC66 with NOTICES
SGI–M should retain the documents in
their personal possession at all times or
ensure that the information is
appropriately wrapped and also secured
to preclude compromise by an
unauthorized individual.
VerDate Aug<31>2005 13:24 Nov 22, 2006 Jkt 211001
Preparation and Marking of Documents
While the NRC is the sole authority
for determining what specific
information may be designated as ‘‘SGI–
M,’’ originators of documents are
responsible for determining whether
those documents contain such
information. Each document or other
matter that contains SGI–M shall be
marked ‘‘Safeguards Information—
Modified Handling’’ in a conspicuous
manner on the top and bottom of the
first page to indicate the presence of
protected information. The first page of
the document must also contain (i) the
name, title, and organization of the
individual authorized to make a SGI–M
determination, and who has determined
that the document contains SGI–M, (ii)
the date the document was originated or
the determination made, (iii) an
indication that the document contains
SGI–M, and (iv) an indication that
unauthorized disclosure would be
subject to civil and criminal sanctions.
Each additional page shall be marked in
a conspicuous fashion at the top and
bottom with letters denoting
‘‘Safeguards Information—Modified
Handling.’’
In addition to the ‘‘Safeguards
Information—Modified Handling’’
markings at the top and bottom of each
page, transmittal letters or memoranda
which do not in themselves contain
SGI–M shall be marked to indicate that
attachments or enclosures contain SGI–
M but that the transmittal does not (e.g.,
‘‘When separated from SGI–M
enclosure(s), this document is
decontrolled’’).
In addition to the information
required on the face of the document,
each item of correspondence that
contains SGI–M shall, by marking or
other means, clearly indicate which
portions (e.g., paragraphs, pages, or
appendices) contain SGI–M and which
do not. Portion marking is not required
for physical security and safeguards
contingency plans.
All documents or other matter
containing SGI–M in use or storage shall
be marked in accordance with these
requirements. A specific exception is
provided for documents in the
possession of contractors and agents of
licensees that were produced more than
one year prior to the effective date of the
order. Such documents need not be
marked unless they are removed from
file drawers or containers. The same
exception applies to old documents
stored away from the facility in central
files or corporation headquarters.
Since information protection
procedures employed by state and local
police forces are deemed to meet NRC
PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\24NON1.SGM
67931
requirements, documents in the
possession of these agencies need not be
marked as set forth in this document.
Removal from SGI–M Category
Documents containing SGI–M shall be
removed from the SGI–M category
(decontrolled) only after the NRC
determines that the information no
longer meets the criteria of SGI–M.
Licensees have the authority to make
determinations that specific documents
which they created no longer contain
SGI–M information and may be
decontrolled. Consideration must be
exercised to ensure that any document
decontrolled shall not disclose SGI–M
in some other form or be combined with
other unprotected information to
disclose SGI–M.
The authority to determine that a
document may be decontrolled may be
exercised only by, or with the
permission of, the individual (or office)
who made the original determination.
The document shall indicate the name
and organization of the individual
removing the document from the SGI–
M category and the date of the removal.
Other persons who have the document
in their possession should be notified of
the decontrolling of the document.
Reproduction of Matter Containing SGI–
M
SGI–M may be reproduced to the
minimum extent necessary consistent
with need without permission of the
originator. Newer digital copiers which
scan and retain images of documents
represent a potential security concern. If
the copier is retaining SGI–M
information in memory, the copier
cannot be connected to a network. It
should also be placed in a location that
is cleared and controlled for the
authorized processing of SGI–M
information. Different copiers have
different capabilities, including some
which come with features that allow the
memory to be erased. Each copier would
have to be examined from a physical
security perspective.
Use of Automatic Data Processing (ADP)
Systems
SGI–M may be processed or produced
on an ADP system provided that the
system is assigned to the licensee’s or
contractor’s facility and requires the use
of an entry code/password for access to
stored information. Licensees are
encouraged to process this information
in a computing environment that has
adequate computer security controls in
place to prevent unauthorized access to
the information. An ADP system is
defined here as a data processing system
having the capability of long term
24NON1
 67932 Federal Register / Vol. 71, No. 226 / Friday, November 24, 2006 / Notices
storage of SGI–M. Word processors such
as typewriters are not subject to the
requirements as long as they do not
transmit information off-site. (Note: if
SGI–M is produced on a typewriter, the
ribbon must be removed and stored in
the same manner as other SGI–M
information or media.) The basic
objective of these restrictions is to
prevent access and retrieval of stored
SGI–M by unauthorized individuals,
particularly from remote terminals.
Specific files containing SGI–M will be
password protected to preclude access
by an unauthorized individual. The
National Institute of Standards and
Technology (NIST) maintains a listing of
all validated encryption systems at
http://csrc.nist.gov/cryptval/140–1/
1401val.htm. SGI–M files may be
transmitted over a network if the file is
encrypted. In such cases, the licensee
will select a commercially available
encryption system that NIST has
validated as conforming to Federal
Information Processing Standards
(FIPS). SGI–M files shall be properly
labeled as ‘‘Safeguards Information—
Modified Handling’’ and saved to
removable media and stored in a locked
file drawer or cabinet.
Telecommunications
SGI–M may not be transmitted by
unprotected telecommunications
circuits except under emergency or
extraordinary conditions. For the
purpose of this requirement, emergency
or extraordinary conditions are defined
as any circumstances that require
immediate communications in order to
report, summon assistance for, or
respond to a security event (or an event
that has potential security significance).
This restriction applies to telephone,
telegraph, teletype, facsimile circuits,
and to radio. Routine telephone or radio
transmission between site security
personnel, or between the site and local
police, should be limited to message
formats or codes that do not disclose
facility security features or response
procedures. Similarly, call-ins during
transport should not disclose
information useful to a potential
adversary. Infrequent or non-repetitive
telephone conversations regarding a
physical security plan or program are
permitted provided that the discussion
is general in nature.
Individuals should use care when
discussing SGI–M at meetings or in the
presence of others to insure that the
cprice-sewell on PROD1PC66 with NOTICES
conversation is not overheard by
persons not authorized access.
Transcripts, tapes or minutes of
meetings or hearings that contain SGI–
M shall be marked and protected in
accordance with these requirements.
VerDate Aug<31>2005 13:24 Nov 22, 2006 Jkt 211001
Destruction
Documents containing SGI–M should
be destroyed when no longer needed.
They may be destroyed by tearing into
small pieces, burning, shredding or any
other method that precludes
reconstruction by means available to the
public at large. Piece sizes one half inch
or smaller composed of several pages or
documents and thoroughly mixed
would be considered completely
destroyed.
Attachment 2: Trustworthiness and
Reliability Requirements for
Individuals Handling Safeguards
Information Trustworthiness and
Reliability Requirements for
Individuals Handling Safeguards
Information
In order to ensure the safe handling,
use, and control of information
designated as Safeguards Information,
each licensee shall control and limit
access to the information to only those
individuals who have established the
need-to-know the information, and are
considered to be trustworthy and
reliable. Licensees shall document the
basis for concluding that there is
reasonable assurance that individuals
granted access to Safeguards
Information are trustworthy and
reliable, and do not constitute an
unreasonable risk for malevolent use of
the information. The Licensee shall
comply with the requirements of this
attachment:
1. The trustworthiness and reliability
of an individual shall be determined
based on a background investigation:
(a) The background investigation shall
address at least the past three (3) years,
and, at a minimum, include verification
of employment, education, and personal
references. The licensee shall also, to
the extent possible, obtain independent
information to corroborate that provided
by the employee (i.e., seeking references
not supplied by the individual).
(b) If an individual’s employment has
been less than the required three (3)
year period, educational references may
be used in lieu of employment history.
The licensee’s background
investigation requirements may be
satisfied for an individual that has an
active Federal security clearance.
2. The licensee shall retain
documentation regarding the
trustworthiness and reliability of
individual employees for three years
after the individual’s employment ends.
[FR Doc. E6–19856 Filed 11–22–06; 8:45 am]
BILLING CODE 7590–01–P
PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\24NON1.SGM
PENSION BENEFIT GUARANTY
CORPORATION
Submission of Information Collection
for OMB Review; Comment Request;
Disclosure to Participants
AGENCY: Pension Benefit Guaranty
Corporation.
ACTION: Notice of request for extension
of OMB approval.
SUMMARY: The Pension Benefit Guaranty
Corporation (‘‘PBGC’’) is requesting that
the Office of Management and Budget
(‘‘OMB’’) extend approval, under the
Paperwork Reduction Act, of a
collection of information in its
regulation on Disclosure to Participants
(29 CFR Part 4011) (OMB control
number 1212–0050). This notice
informs the public of the PBGC’s request
and solicits public comment on the
collection of information.
DATES: Comments should be submitted
by December 26, 2006.
ADDRESSES: Comments may be mailed to
the Office of Information and Regulatory
Affairs of the Office of Management and
Budget, Attention: Desk Officer for
Pension Benefit Guaranty Corporation,
Washington, DC 20503. Copies of the
request for extension may be obtained
without charge by writing to the
Disclosure Division of the Office of the
General Counsel of PBGC at 1200 K
Street, NW., 11th Floor, Washington, DC
20005–4026, or by visiting or calling
(202–326–4040) the Disclosure Division
during normal business hours. (TTY and
TDD users may call the Federal relay
service toll-free at 1–800–877–8339 and
ask to be connected to 202–326–4040.)
The regulation on Disclosure to
Participants can be accessed on the
PBGC’s Web site at http://
www.pbgc.gov.
FOR FURTHER INFORMATION CONTACT: Jo
Amato Burns, Attorney, Legislative and
Regulatory Department, Pension Benefit
Guaranty Corporation, 1200 K Street,
NW, Washington, DC 20005–4026, 202–
326–4024. (TTY and TDD users may call
the Federal relay service toll-free at 1–
800–877–8339 and ask to be connected
to 202–326–4024.)
SUPPLEMENTARY INFORMATION: Section
4011 of the Employee Retirement
Income Security Act of 1974 requires
plan administrators of certain
underfunded single-employer pension
plans to provide an annual notice to
plan participants and beneficiaries of
the plan’s funding status and the limits
on the PBGC’s guarantee. The PBGC’s
regulation implementing this provision
(29 CFR Part 4011) prescribes which
plans are subject to the notice
24NON1